• Society transfer

Dear Team,
I have purchased one of the MHADA flat and completed all transfer in MHADA at Thane which is part of MHADA Konkan division.

Before two months, I have submitted set of document to society along with original share certificate to transfer on my name. Upon asking acknowledgement, society secretory has refused to provide me any acknowledgement. Then they have asked me to submit a set of documents which is basically society transfer forms which I had provided on immediate basis.

Now, they are not providing me transfer yet, taking their own sweet time they neither refusing or nor helping me out to make society transfer.
Please guide what should I do in this situation.
Regards,
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

Hello,

What is the reason that they are giving for the delay.

Give a written communication to the society for transferring the share on your name, if they fail to transfer the same for a longer period say 2-3 months then lodge a complaint before the Registrar and before the police for harassment.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) complain to deputy registrar against society refusal to transfer flat in your name

2) you can also issue legal notice to society to transfer flat in your name

3)It is necessary to take decision within three months on receipt of the application for transferring the share and the decision should be communicated to applicant . if decision is not communicated within 3 months transfer application is deemed to have been accepted and transferree shall be deemed to have ben admitted as member

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

This is the procedure below :-

If the applicant does not receive any intimation from the society within 3 months from the date of submission of application, it is has to apply for deem membership U/S 22[2] and if application refuse the U/S 23[2] applicant has to apply to Registrar of society.

If society refuse to accept the transfer application the U/S 23[1][a] this application is send through Registrar of society to the society

Registrar should take decision on such Application within 60 days

Applicant must submit all document as mansion in Bye-Laws no 38[e].

Applicant must pay Transfer Fee[RS. 500/-],Membership Fee[RS. 100/-],Transfer Premium[Maximum RS.25000/-] along with application .

Transfer Premium rate to be fixed by general body,but within the limits prescribed by circular issued by Govt. on 20/12/1989.

Share transfer of deceased member, flat exchange between to member of same society,or flat transfer between family settlement deed than they do not have to pay Transfer Premium

If transferor or transferee want to take loan from financial institute and then want NOC then society must give this NOC as per given format.If it is not possible to give NOC to member secretary should inform member in written with reason.

For Any dispute regarding NOC between society and member Register decision is final And bound to both party.

Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

Dear Client,

Approach city civil court;

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Does it make any difference?

The societies normally work in such a way and do not want to involve.

You have submitted your document in the society and have all your transfers from MAHADA. which is enough document to relay on.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you have acknowledgement of letters sent to them it's good. If not send the same with registered post with AD. Once you get acknowledgement from post, file a complaint to Deputy registrar of Co-operative societies seeking directions in the said matter.

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

1. AFTER 90 days of Society's acknowledgement of the Transfer Deed & Documents & Fees, "IF" the Society still does not transfer Society's Membership, THEN you are legally entitled to file a appeal u/s 23 of the MCS Act, before the local Registrar of Coop., for relief and grant of membership.

2. ADDITIONALLY, you can also file a grievance petition before the local Consumer Court, for relief, damages, compensation and all other related reliefs, from the Society.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Serve a lawyer's notice to the society to issue the share certificate to you without further delay.

2. If the legal notice also proves futile then you may file a suit for mandatory injunction against it to seek court's directions to it to issue the share transfer certificate.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If the society is not cooperating or expediting the issue of certificate and delaying it inordinately on some flimsy grounds, you may issue a legal notice to them demanding your relief.

If they still not acting on your request, you may drag him to consumer or cooperative court seeking relief and remedy

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Send them a legal notice to forthwith take a decision on your pending application.

Take recourse to the available legal remedies in case of a rejection, or in case they do nothing despite the legal notice.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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